EstateProbate and small estates in California
Last reviewed Oct 29, 2026 · EstateHowTo editorial team · How we research
Key facts
Key factsCalifornia has a small-estate affidavit after 40 days, with a dollar limit that is adjusted periodically (Prob. Code § 13100).
Statutory attorney fee for ordinary services: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million; above $25 million, a reasonable amount set by the court.
Yes. California allows a revocable transfer on death (TOD) deed for real property. Under current law this part of the Probate Code is scheduled to be repealed on January 1, 2032.
Cal. Prob. Code § 13100
Do you need probate?
Do you need probate?Assets that usually skip probate:
- Jointly owned property with right of survivorship
- Payable-on-death (POD) and transfer-on-death (TOD) bank and brokerage accounts
- Life insurance and retirement accounts with a living named beneficiary
- Property titled in a living trust
- Real estate with a transfer on death deed, where the state allows one
What usually requires probate:
- Assets in the person’s sole name with no beneficiary or co-owner
- Real estate in the person’s sole name with no TOD deed or trust
- An estate above the state’s small-estate limit, or one that doesn’t qualify for the shortcut
- Debts or disputes that need a court-appointed representative
California shortcut: California has a small-estate affidavit after 40 days, with a dollar limit that is adjusted periodically (Prob. Code § 13100).
Quick decision guide
- Did the person own anything in their sole name with no beneficiary, co-owner or trust? No → probate is usually not needed (but check the will-filing rule below). Yes → go to 2.
- Is that property under the state’s small-estate limit or eligible for its simplified procedure? Yes → use the shortcut. No → a probate case is usually needed.
What you may still have to do with no probate
Yes, the original must be delivered to the court. Unless a probate petition is filed first, whoever has the will must, within 30 days after learning of the death, deliver it personally or by registered or certified mail to the clerk of the superior court in the county where the estate may be administered, and send a copy to the named executor (or a beneficiary). A custodian who fails to do this can be liable for damages. The delivery fee is set by Gov. Code § 70626.
- Custodian must deliver the will to the superior court clerk within 30 days of learning of the death and send a copy to the executor. Source: Cal. Prob. Code § 8200, checked Oct 29, 2026.
When do you need probate? · How to file a will after someone dies
Details and sources
- Heirs may collect personal property by affidavit, without probate, if the gross value of the decedent’s California property (excluding certain assets) does not exceed the statutory limit and 40 days have passed since death. The statute states $166,250 “as adjusted periodically” under § 890; check the current adjusted figure with the California courts before relying on it. Source: Cal. Prob. Code § 13100, checked Oct 29, 2026.
Find your court: California probate courts by county.